IR-1 in US on Visitor's visa

[soccoach 0]

Part one:

My wife and duaghter have been given 10 year multiple entry visas. I have been told that once in the US they can apply immdiatley for I-130 and I-485 (AOS) since we have been married for over two years.

There was a statement on a website that said "Entry to US with inspection". Does anyone know what the word inspection means?

The counsel at the embassy made this suggestion to us, though indirectly.

Part two:

Am I requried to file I-130 and I-485 on both? or does my daughter receive derivitative status? This one is confusing to me.

Thanks,

Soccoach

[Kathryn41 3,205]

Be very careful about this. Your wife and daughter are not allowed to enter the US on visitors' visas and then apply to adjust status to remain in the country. That is considered visa fraud and will lead to serious repercussions - banning and the possibility of never being allowed to live in the US legally.

The proper path is to apply for the I-130 to obtain the IR-1 visa - an immigrant visa- for your wife and daughter. This will involve processing outside of the US at the Consulate, and when completed, they will be issued their 'green cards'. Another option involves filing the I-130 and the I-129f to request a K-3 visa which will allow your wife and daughter to enter the US AND then apply to adjust status (AOS I-485) from within the country - legally. What you are proposing is illegal.

Inspection means that your wife and child legally present themselves at the US border, their documentation is inspected by a border official, and they are given permission to enter the US. This will involve receiving an I-94 entrance/exit visa that is stapled in their passports and includes the date by which they must leave the country.

If your wife and child were already present in the US on a dual intent visa - or if your wife had entered the US unmarried and with no plans of marriage - then met you and got married in the US - she would then be allowed to adjust her status from within the US without having to leave the country. Entering the country already married without the proper immigration visas (K-3 or CR-1/IR-1) and trying to stay in the country, however, is not a legal option.

Good luck on your visa journey.